US Department of Transportation Exemption Request Pursuant to Section 333 of the FAA

Reform Act and Part 11 of the Federal Aviation

October 4, 2015



### Tracey Trumbull
1079 Reunion Drive Chattanooga, TN 37421

423

- 987

- 6100

ttrumbull@me.com

U.S Department of Transportation Docket Management System 1200 New Jersey Ave., SE Washington DC 20590

Re: Exemption Request Pursuant to Section 333 of the FAA Reform Act and Part 11 of the

Federal Aviation Regulations from: 14 CFR 21 subpart H; 14 CFR 45.23(b); 14 CFR 61. 113(a) and (b); 14 CFR 91.7(a); 14 CFR91.9(b)(2); 14 CFR 91.103; 14 CFR 91.109; 14 CFR 91.119(c); 14 CFR 91.121; 14

CFR 91.151(a); 14 CFR 91.203(a) and (b); 14 CFR 91.405 (a); 14 CFR 91.407 (a) (1) 14 CFR 91.409 (a)(1) and (2); 14 CFR 91.417(a) and (b)

D ear Sir or Madam:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the "Reform Act")



### and 14 CFR 

### Part 11 of Unmanned Aircraft Systems (UAS), Tracey Trumbull hereby applies for ·an exemption from the listed Federal Aviation Regulati ons ("FARs") to allow commercial operation of

Designated UAS, provided such operations are conducted within and under the conditions

outlined herein or as may be established by the FAA as required by Section 333.

Thank you in advance for your considerati on.

Commercial operation of an UAS, as described herein, which are equipped with camera(s) and sensors, would provide professional services in the following areas:



### 1 News
2. Photography

As 

### described fully below, the requested exemption would permit the operation of designated UAS as 

### set forth in this document under controlled conditions in the NAS 

### that would be a) limited b) controlled c) 

### predetermined and d) safe. Approval of

### this exemption would increase public awareness of UAS 

### operations and enhance

s afety to aid in fulfilling the Secretary of Transportation's (the FAA 

### Administrator's) responsibilities to " .... establish requirements for the safe operation of such aircraft systems in the national airspace system."

The name and address of the applicant is



### Tracey Trumbull
1079 Reunion Drive Chattanooga, TN 37421

423

- 987

- 6100

ttrumbull@me.com

Regulations from which the exemption is requested : 14 CFR Part 21 subpart H 14 CFR 45.23 (b) 14 CFR 61.113 (a) & (b)

14 CFR 91.7 (a) 14 CFR 91.9 (b) (2)

14 CFR 91.1 03
14 CFR 91.109 14 CFR 91.119 (c)

14 CFR 91.121 14 CFR 91.151 (a) 14 CFR 91.203 (a) 14 CFR 91.405 (a) 14 CFR 91.407 (a) 14 CFR 91.409 (a) 14 CFR 91.417 (a) 

### Tracey Trumbull will operate one 

### or more of the Following model UAS:



### DJI Inspre 1, DJI Phantom

Ai rcraft Inspire 1



## Model

T600 Weight	(Battery	In cluded) 2935	g Hovering	Accuracy	(Gps	Mode)

Vertical:	0.5	m

Horizontal:	2.5	m Max	Angular	Velocity Pitch:	300°/s Yaw:	150°/s Max	Tilt	Angle

35° Max	Ascent	Speed

## 5	m/s Max	Descent	Speed 4	m/s Max	Speed 22	m/s	(ATTI	mode,	no	wind) Max	Flight	Altitude

4500	m Max	Wind	Speed	Resistance 10	m/s Max	Flight	Time Approximately	18	minutes

Motor	Model DJI	3510 Propeller	Model DJI	1345 Indoor	Hovering Enabled	by	default Operating	Temperature	Range

- 10°	to	40°	C Diagonal	Distance

559	to	581	mm

Dimensions

438x451x301	mm

P ower	Spectral	Density 9.06mW/MHz

Gimbal

Model

ZENMUSE	X3 Operating	Current

Station:	750	mA

Motion:	900	mA Angular	Vibration	Range

±0.03° Mounting

Detachable Controllable	Range

Pitch:

- 90°	to	+30°

Pan:	±320° Mechanical	Range

Pitch:

- 125°	to	+45°

## Pan:	±330° Max	Controllable	Speed Pitch:	120°/s Pan:	180°/s

Camera

Name

X3

Model

FC350

Total	Pixels

12.76M

Effective	Pixels

12.4M Image	Max	Size

4000x3000 Iso	Range

100

- 3200	(video)

100

- 1600	(photo) Electronic	Shutter	Speed

8s

- 1/8000s Fov	(Field	Of	View)

94°

Cmos Sony	EXMOR	1/2.3”

Lens 20mm	(35mm	format	equivalent)f/2.8	focus	at ∞ 9	Elements	in	9	groups

Anti

- distortion

Aircraft

Phantom Operating	Temperature

- 10°C	~	50°C Power	Consumption

3.12W

Take

- Off	Weight <1200g Hovering	Accuracy	(Gps	Mode)

Vertical:	0.8m

Horizontal:	2.5m

## Max	Yaw	Angular	Velocity 200°/s Max	Tilt	Angle

45° Max	Ascent	/	Descent	Speed 6m/s Max	Flight	Velocity 10m/s Diagonal	Distance	(Motor	Center	To	Motor	Center)

350mm Phantom	Prop	Guard Weight(Single):18.7g Size(Single):	Angle(155.0°)	Radius(112.32mm) Whole	Size	with	Four	Prop	Guards:	575.5mm

operations will adhere to the Reform Act's safety requirements. The approval of this application presents no national security issues. Regarding the level of safety surrounding the proposed operations and the public benefit, reduction in environme ntal impacts, including but not limited to reduced emissions and noise, the grant of the requested exemption is in the public interest. Accordingly, the applicant graciously requests that the FAA grant the requested exemption.

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY

The operation limitations proposed for an equivalent or higher level of safety because operations will further enhance the safety of the persons and/or property using conventional aircraft. These limitations and conditions to which the applican t agrees to adhere to when conducting commercial operations under the FAA issued exemption as set forth in the Flight Operations Manual (FOM)

include:

1. The UAS will weigh significantly less than 55 lbs. It weighs less than 4 pounds with battery and

came ra.

2. The UAS, depending on the model in operation, will have a maximum operating speed of no more than 50mph.

3. Flights will be operated within line of sight of the Pilot in Command (PIC) and/or Visual Observer (VO).

4. Maximum flight time for each o perational flight will be depending on the UAS model in operation, but will not exceed 30 minutes. Flights will be terminated at 25% battery power reserve or 30 minutes of flight time whichever occurs first.

5. Flights will be operated at an altitude of n o more than 400 feet Above Ground Level (AGL) and not more than 200 feet above an elevated platform from which filming is planned.6. Minimum crew for each operation will consist of the UAS Pilot and at least one Visual Observer (VO), and may include a th ird, but separate, Camera Operator (CO).

7. The UAS pilot will be a designated Pilot in Command (PIC) . The PIC will have logged a minimum of 20 hours on the designated UAS.

8. A safety briefing will be performed prior to each day's flights consisting of all the days'

Production activities.

9. All flight activities will be logged.

10. All flights will occur under Visual Flight Rules Meteorological Conditions (VMC) only.

11. The flights will occur in Class G airspace no closer than a Smile radius of the geographic center/Airport Reference Point (ARP) of a tower controlled or uncontrolled airport.

12. Flights will not be closer than a 5 mile radius of the geographic center/Airport.

13. The operator will do a pre check of aircraft prior to each flight. A nd log each flight.

14. The operator will obtain verbal/written consent of all persons involved with the planned operation and ensure that only consenting persons will be allowed within 100 feet of the flight operation, and the radius may be reduced to 30 feet based upon an equivalent level of safety determination, as U.S. Department of Transportation required under the FOM. With the advanced permission of the FSDO, operations at closer range may be approved.

15. The PIC and VO will have been trained in op eration of UAS and receive up to date information for the particular UAS to be operated.

16. The PIC and VO will be able to communicate by voice and/or radio at all times.

17. The PIC will abide by all rules

18. If the UAS loses communications with the r emote controller or loses GPS signal, the UAS will have the capability to return to a predetermined location within a designated location and land autonomously.

19. The UAS will have the capability to abort a flight in case of emergencies with an

automate d "Return Home and Land" function.

20. The UAS will have the capability to abort a flight in case of unpredicted obstacles, weather, or emergencies such as low battery.14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. §91.203 (a) (1) Su bpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the issuance of

airworthiness certificates as required by FAR §91.203 (a) (1). Given the size and limited operating

area associated with the aircraft to be utilized b y the Applicant, an exemption from Part 21 Subpart H meets the requirements of an equivalent level of safety under Part 11 and Section 333 of the Reform Act. The Federal Aviation Act (49 U.S.C.§44701 (f)) and Section

333 of the Reform Act both authorize th e FAA to exempt aircraft from the requirement for an airworthiness certificate, upon consideration of the size, weight, speed, operational capability, and proximity to airports and populated areas of the particular UAS. In all cases, an analysis

of these c riteria demonstrates that the UAS operated without an airworthiness certificate in the restricted environment and under the conditions proposed will be at least as safe, or safer, than a conventional aircraft (fixed wing or rotorcraft) operating with an ai rworthiness certificate without the restrictions and conditions proposed. The UAS to be operated hereunder is less than 55 lbs. fully loaded, carries neither a pilot nor passenger, carries no explosive materials or flammable liquid fuels, and operates excl usively within a secured and designated area. Unlike other civil aircraft, operations under this exemption will be tightly controlled and monitored by both the operator and under the requirements and in compliance with local public safety requirements. The se safety enhancements provide a greater degree of safety to the public and property owners than conventional operations conducted with airworthiness certificates issued

under 14 C.F.R. Part 21, Subpart H. Lastly, application of these same

criteria demonst rates that there is no credible threat to national security posed by the UAS, due to its size, speed of operation, location of operation, lack of explosive materials or flammable liquid fuels, and inability to carry a substantial external load. 14 C.F.R. § 45.23 (b). Marking of the Aircraft The regulation requires: When marks include only the Roman capital letter "N" and the registration number is displayed on limited, restricted or light sport category aircraft or experimental or provisionally certificated aircraft, the operator must also display on that aircraft near each entrance to the cabin, cockpit, or pilot station, in letters not less than 2 inches nor more than 6 inches high, the words "limited/' "restricted/' "light sport/' "experimental/' or "prov isional/' as applicable

14 C.F.R. § 45.23 (b). Marking of the Aircraft The regulation requires: When marks include only the Roman capital letter "N" and the registration number is displayed on limited, restricted or light
sport category aircraft or experi mental or provisionally certificated aircraft,

the operator must also display on that aircraft near each entrance to the cabin, cockpit, or pilot station, in letters not less than 2 inches nor more than 6 inches high, the words "limited/'

"restricted/' "l ight sport/' "experimental/' or "provisional/' as applicable. Even though the UAS

will have no airworthiness certificate, an exemption may be needed as the UAS will have no entrance to the cabin, cockpit or pilot station on which the word "Experimental" c an be placed.
Given the size of the UAS, two inch lettering will be impossible. The word "Experimental" will be placed on the fuselage in compliance with §45.29 (f). US Department of Transportation February 20, 2015 The equivalent level of safety will be p rovided by having the UAS marked on its fuselage as required by §45.29 (f) where the pilot, observer and others working with the

UAS will see the identification of the UAS as "Experimental." 14 C.F.R. § 61.113 (a) and (b The proposed UAS operations may ach ieve an equivalent level of safety as achieved by current Regulations because the applicant's UAS do not carry any pilots or passengers nor property. The risks attendant to the

It is believed that the operation and limitations set forth in the FOM will equ ate to the safeoperation of the UAS.

14 C.F.R. §91.7{a): Civil Aircraft Airworthiness. The regulation requires that no person may operate a civil aircraft unless it is in airworthy condition. As there will be no airworthiness

certificate issued for the ai rcraft, should this exemption be granted, no FAA regulatory standard will exist for determining airworthiness. Given the size of the aircraft for maintenance and use of safety checklists prior to each flight, an equivalent level of safety will be provided. 14 C.F.R. § 91.9 (b) (2): Civil Aircraft Flight Manual in the Aircraft. Section 91.9 (b) {2) provides: No person may operate a U.S.registered civil aircraft ... (2) For which an Airplane or Rotorcraft Flight Manual is not required by §21.5 of this chapter , unless there is available in the aircraft a current approved airplane or Rotorcraft Flight Manual, approved manual material, markings, and placards, or any combination thereof. The UAS, given its size and configuration has no ability or place to carry su ch a flight manual on the aircraft, not only because there is no pilot on board, but because there is no room or capacity to carry such an item on the aircraft. The equivalent level of safety will be maintained by keeping the flight manual at the ground co ntrol point where the pilot flying the UAS will have immediate access to it.

14 C.F.R. § 91.103: Preflight Action. This regulation requires each pilot in command to take certain actions before flight to insure the safety of flight. As FAA approved rotorcr aft flight manuals will not be provided for the aircraft an exemption will be needed. The PIC will take all actions as stated in the FOM in Section 4 under Normal Procedures including but not limited to reviewing weather, flight battery requirements, landi ng and takeoff distances and aircraft performance data before initiation of flight

14 C.F.R. §91.109: Flight Instruction. Section 91.103 provides that no person may operate a civil aircraft (except a manned free balloon) that is being used for flight inst ruction unless that aircraft has fully functioning dual controls. UAS and remotely piloted aircraft, by their design do not have fully functional dual controls. Flight control is accomplished through the use of a

control box that communicates with the airc raft via radio communications. the FAA has approved exemptions for flight training without fully functional dual controls for a number of aircraft and for flight instruction in experimental aircraft. The equivalent level of safety is provided by the fact t hat neither a pilot nor passengers will be carried in the aircraft and by the size and speed of the

aircraft.

14 C.F.R. §91.119: Minimum Safe Altitudes. Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 91.119 (d) allows he licopters to be operated at less than the minimums prescribed, provided the person operating the helicopter complies with any route or altitudes prescribed for helicopters by the FAA. As this exemption is for a UAS that is a helicopter and the exemption re quests authority to operate at altitudes up to 400 AGL, or not more than 200 above an elevated platform from which filming is planned, an exemption may be needed to allow such operations. As set forth herein, the UAS will never operate at higher than 400 A GL with the exception that in circumstances where the UAS is used to survey or photograph a structure whose height exceeds 400 feet AGL, the UAS will not be operated more than 200 feet above the highest point on the structure. It will however be operated i n a restricted area with security perimeter, where buildings and people will not be exposed to operations without their pre obtained consent.

The equivalent level of safety will be achieved given the size, weight, and speed of the UAS as well as the locati on where it is operated. No flight will be taken without the permission of the property owner or local officials. Because of the advance notice to the property owner and participants in the filming activity, all affected individuals will be aware of the pl anned flight operations. Compared to flight operations with aircraft or rotorcraft weighting far more than the maximum SSibs. proposed herein and the lack of flammable fuel, any risk associated with these operations is far less than those presently
present ed with conventional aircraft operating at or below 500 AGL. In addition, the low altitudeoperations of the UAS will ensure separation between these UAS operations and the operations of conventional aircraft that must comply with Section 91.119. 14 C.F.R. §91.121 Altimeter Settings. This regulation requires each person operating an aircraft to maintain cruising altitude by reference to an altimeter that is set "...to the elevation of the departure airport or an appropriate altimeter setting available befor e departure." As the UAS may not have a barometric altimeter, but instead a GPS altitude read out, an U.S. exemption may be needed. An equivalent level of safety will be achieved by the operator, pursuant to the safety check list and live flight

data monit oring, confirming the altitude of the launch site shown on the GPS altitude indicator before flight. 14 C .F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions Section 91.151 (a) prohibits an individual from beginning "a flight in an airplane un der VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point of intended landing, and, assuming normal cruising speed

- (1) During the day, to fly after that for at least 30 minutes; or (2) At n ight, to fly after that for at least 45 minutes." The applicant believes that an exemption from 14 CFR §91.151(a) falls within the scope of prior exemptions. Operating the UAS in a tightly controlled area where only people and property owners or official

r epresentatives who have signed waivers will be allowed does not engender the type of risks that Section 91.151(a) was intended to alleviate given the size and speed of the small UAS. The applicant believes that an equivalent level of safety can be achieved by limiting flights to 30 minutes or 25% of battery 

### power

- whichever happens first. This restriction would be more than adequate to return the UAS to its planned landing zone from anywhere in its limited operating

area.

14 C.F.R. §91.203 (a) and (b): Car rying Civil Aircraft Certification and Registration The regulation provides in pertinent part: (a) Except as provided in§ 91.715, no person may operate a civil aircraft unless it has within it the following: (1) An appropriate and current airworthiness cer tificate



### . . . . (b) No person may operate a civil aircraft unless the airworthiness certificate required by paragraph (a) of this section or a special flight authorization issued under §91.715 is displayed at the cabin or cockpit entrance so that it is le gible to passengers or crew. The UAS fully loaded weighs well under the proposed 551b limit and is operated without an onboard pilot. As such, there is no ability or place to carry certification and registration documents or to display them on the UAS. An equivalent level of safety will be achieved by keeping these documents at the ground control point where the pilot flying the UAS will have immediate access to them, to the extent they are applicable to the UAS.

1 4 C.F.R. §91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance Inspections. These regulations require that an aircraft operator or owner "shall have that aircraft inspected as prescribed in subpart E of this part and shall between required inspections, except as provided in paragraph (c ) of this section, have discrepancies repaired as prescribed in part 43 of this chapter...," and others shall inspect or maintain the aircraft in compliance with Part 43. Given that these sections and Part 43 apply only to aircraft with an airworthiness ce rtificate, these sections will not apply to the applicant. Maintenance will be accomplished by the operator pursuant to the flight manual and operating handbook. An equivalent level of safety will be achieved because the

UAS is very limited in size and wil l carry a small payload and operate only in restricted areas for a limited period of time. If mechanical issues arise the UAS can land immediately and will be operating from no higher than 400 feet AGL. The operator will ensure that the UAS is in working

o rder prior to initiating flight, perform required maintenance, and keep a log of any maintenance performed. Moreover, the operator is the person most familiar with the aircraft and best suited to maintain the aircraft in an airworthy condition to provide t he equivalent level of safety. An equivalent level of safety will be achieved because maintenance and inspections will be performed in accordance with theUAS Manufacturer's User Manual. As provided in the FOM, and a link on last page, the operator

will e nsure that the UAS is in working order prior to initiating flight and perform required

maintenance needed.



### Additional Information. The applicant Tracey Trumbull believes this exemption request and associated safety considerations adequately satisfy criter ia provided in Section 333 of the Reform Act of 2012, providing sufficient justification for the granting of commercial operations of the applicant's

UAS.



### The applicant, Tracey Trumbull requests your respective approval of this Section 3 exemption petiti on request

.

Thank you for your attention in this matter. Please notify Tracey Trumbull of your actions, and or approvals. Thank you, for your interest in this request.

Sincerely,



### Tracey Trumbull

DJI Manual	Link	:

http://download.dji

- innovations.com/downloads/inspire_1/en/Inspire_1_Quick_Start_Guide_v1.4_en.pdf

http://download.dji

innovations.com/downloads/phantom/en/PHANTOM_Quick_Start_Manual_v1.7_en.pdf